Section 5 - Employment Status, Movement & Separation

IX. Probationary Period
X. Seniority
XI. Promotions and Transfers
XII. Layoff and Recall
XIII. Resignation/Discharge

Article IX - Probationary Period 

Section 1. Newly hired employees, other than employees hired for peak periods as permitted under Article III, hereof shall be considered on a probationary basis for a period of sixty working days from the date of employment. Other provisions herein notwithstanding, such employees may be terminated at any time during the probationary period without any recourse under this Agreement whatsoever. After the completion of the probationary period, seniority shall be effective as of the original date of employment. 

Section 2. New hires will not be entitled to paid holiday time, recess breaks (Christmas break) and summer Fridays until they have satisfactorily completed their probationary period. 

Section 3. Employees promoted to a higher rated level position shall serve a probationary period in the new position of thirty working days exclusive of vacations, leaves of absence and sick leave. In the event such promoted employee successfully passes the probationary period, the employee shall receive the salary adjustment as provided in ARTICLE XI, Section 3., below, retroactive to the date of promotion. In the event the employee does not successfully pass the probationary period, such employee shall be given their former position without any loss of seniority or pay or, if such former position has been filled, a position reasonably equal in responsibility and pay at their former campus location. 

Article X - Seniority 

Section 1. Seniority shall mean the length of continuous service within the University. 

Section 2. An employee shall lose all seniority rights for any one or more of the following reasons: 

  1. Voluntary resignation. 
  2. Discharge for cause. 
  3. Failure to reply within three working days and return to work within five working days after being recalled from layoff by notice sent by registered mail, return receipt requested, to the last address of such employee appearing in the University’s personnel records, unless such failure to reply and return is due to illness or accident. 
  4. Layoff for a continuous period of more than one year. 
  5. Failure to return to work at the end of an approved leave of absence. 

Article XI - Promotions and Transfers 

Section 1. Promotion is hereby defined as a move from a lower class level to a higher-class level. It is the intent of the University; to the extent reasonably appropriate, to fill job vacancies from within the University before hiring new employees, provided that employees of the University are available with the necessary qualifications to fill the vacant position. The Chief Shop Steward is to be notified of all applicants and the final selection. 

Section 2. Notice of all job vacancies shall be posted by the University on the University’s Career Opportunities webpage. This notice will remain on the career opportunities webpage for five working days and will include job title, location, class level and range, and a brief description of the job duties including qualifications and necessary skills. Employees who make an application during this five-day period will be given first consideration for the vacancy. An application must be received by the close of business on the fifth working day, excluding the date the notice is posted. An application will be deemed received in the Human Resources Office if made orally and confirmed in writing, which writing is received in the Office of Human Resources Management by noon of the fifth working day after the notice has been posted, excluding the date of posting the notice. The Human Resources Office will forward only those candidates having requisite qualifications and the necessary skills, taking into consideration seniority. If no candidate is chosen from within the University, the University then has the right to employ a person from outside the unit to fill the vacancy. The University shall notify the Shop Stewards of vacancies when they are posted. 

Section 3. Promotions within the unit shall be made on the basis of seniority and qualifications. In the event two or more employees are equally qualified, the employee with the greater seniority shall be selected. An employee who is promoted to a higher class level shall receive the minimum of the new class level or a five percent increase for each level of progression, whichever is higher. All employees so promoted shall be placed in the higher rated level for a probationary period as specified in ARTICLE IX, Section 2. Promotional increases must be effective no later than two weeks from the date of selection. 

Section 4. An employee may apply for and receive a transfer to a position within the same class level, but such transfer shall be made upon the request of the employee and granted at the sole and absolute discretion of the University. Any employee so transferred shall receive the same salary as in their former position. 

Section 5. Local 153 members who are in the suspension stages of progressive discipline will not be eligible for a lateral or promotional opportunity. Members must be in good standing for a minimum of one (1) year from the last suspension in order to be considered for a promotion and/or transfer. 

Article XII - Layoff and Recall 

Section 1.  

  1. In the event of a layoff within a job classification of any department the University agrees to lay off probationary and/or temporary employees first. To avoid disruption of 153 employees, the affected employee(s) must access vacancies equal to their current level. The affected employee must be qualified for the vacant position, the employee must be interviewed by the hiring department and submit to mandatory competency testing before being offered the position. In the event the employee does not exercise their right to interview for vacancies, or accept the position offered, they shall be laid off. Probationary employees will have recall rights to the campus from which they were laid off for up to three (3) months. 
  2. The implementation of layoff procedures will be restricted to the campus location at which the layoff occurs, except that an employee who is laid off may request that their service and seniority rights be recognized at all campus locations, and such request shall be granted. 
  3. After the provisions of Section 1.A above have been followed, Local 153 employee with the least amount of service in any classification will be the next employee laid off from the job. The affected employee will have the opportunity to be interviewed for vacancies, and if none are available, they may apply for occupied positions within the same campus in the same or lower classification held by employees with less seniority. An employee will be given the opportunity to apply for up to five (5) vacancies and/or occupied positions in total. The affected employee must be qualified for the position, must be interviewed by the hiring department and submit to mandatory competency testing before being offered the new position. In the event the employee does not exercise their right to interview for open vacancies and/or occupied positions, or does not pass the mandatory competency test, or does not accept an offered position, they shall be laid off. The laid off employee will have recall rights to the campus location from which they were released for up to one year. 

An employee who is displaced from their job as a result of such bumpback the bumping procedure above may themselves move back and replace employees having the employee with the least service in any classification in the same or lower classification level. Such employees must meet the minimum essential qualifications of the position, successfully undergo an interview process, and mandatory competency testing. Employees who have been bumped shall be given credit for full University seniority in the lower class level for purposes of any future downward moves. 

  1. If an employee bumps to a lower labor level, that employee will be paid at the third quartile of the new labor level, or the employee’s current pay, whichever is lower. 

Section 2. Where a layoff is necessary as provided in Section 1, the following principles and procedures will be followed in implementing such action: 

  1. If an employee who is removed from a position in accordance with the layoff procedures herein declines an offer of continued employment as provided for in Section 1 above, that employee will be deemed to have voluntarily resigned. If reemployed later by the University, they will be treated in all respects as a new employee. 
  2. A Local 153 member employed on a continuous but less than twelve month basis (i.e. 9-month or 10-month employees, or part-time employees) will be considered to be continuously employed, being given credit for a full year’s service for each annual period of employment. 

Section 3. Sections 1 and 2 are not intended to limit or impair the right of the University to lay off employees. 

Section 4. Notice of a layoff shall be given two weeks before the scheduled layoff except in cases of emergency where the length of time shall be reduced to one week. In lieu of notice of layoff, two weeks’ pay may be given to the employee. 

Section 5. In the event of a layoff other than temporary (temporary lay-offs shall not exceed forty-five calendar days) the laid off employee shall receive the following severance pay based on continuous service with the University: employees with six months but less than one year of service shall receive one week’s severance pay; employees with one year or more of service shall receive one week’s severance pay for each full year of service. Any individual who receives severance pay and is recalled in less than one year shall have the privilege of repaying the severance pay to restore their original date of employment as the basis for the computation of all benefits. If the employee chooses not to repay the severance pay, the employee will be considered to be a new employee and the date of employment shall be the rehiring date. 

Section 6. Any employee laid off shall be placed on the recall list for a period of one year. 

Section 7. The University, upon rehiring, shall do so in the inverse order of seniority, i.e., rehire the last employee laid off, provided, however, that such employee has the qualifications for the position for which they are rehired. If an employee is unable to return to work within the time provided in ARTICLE X, Section 2.c. hereof, because of actual illness of the employee, then the University may recall the next most senior employee laid off and the originally recalled employee shall retain their status on the recall list. The University agrees not to hire from the open market while employees on the recall list, who are qualified to perform the duties of the vacant position and are ready, willing and able to be re-employed. 

Section 8. An employee recalled and reinstated to the former position shall receive their former rate of pay in addition to any wage increases to which they would have been entitled had they not been laid off and which arose during the period they were on the recall list. 

Section 9. Any notice of recall to an employee who has been laid off shall be sent by registered mail, return receipt requested, to the last address of such employee appearing in the University’s personnel records. 

Article XIII - Resignation/Discharge 

Section 1. Employees who resign from the University must have six (6) months of continuous service and provide their supervisor with a minimum of two (2) weeks notice in order to receive unused and accrued vacation time. 

Employees, who are discharged from the University and have completed six (6) months of continuous service, will receive unused and accrued vacation time. 

Employees who are terminated as a result of a Violation of Fordham University’s Code of Conduct, will not be eligible for their unused and accrued vacation time. 

Vacation due under this Section will be paid no later than the payroll following the member’s last official paycheck. 

Section 2. It is hereby agreed that the University has the right to discharge or otherwise discipline any employee for just and reasonable cause. 

Section 3. In the event of a discharge, the employee shall have the right to file a complaint with the University under ARTICLE XX within five working days from the time of notice of discharge. Said complaint will be treated as a grievance subject to the grievance and arbitration procedures herein provided, except that if no complaint is filed within the time specified, then said discharge shall be deemed absolute. 

Section 4. If a grievance has been properly filed and if upon joint investigation by the Union and the University or by decision of an arbitrator in accordance with the terms of this Agreement, it shall be determined that an employee has been unjustly discharged, such employee shall be offered reinstatement to the former position without any loss of seniority, rank or salary rate and shall be paid by the University for all or so much of the time lost due to such discharge as may be agreed upon by joint investigation or as awarded by the arbitrator, provided, however, the compensation shall not be more than the employee would have been paid as salary retroactive to the date of discharge.